Sec. 2. Whenever:

(1) any partition of real estate in any Indiana county has been made by judgment of any court in Indiana; and

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Terms Used In Indiana Code 34-41-5-2

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(2) the records of the court in which the proceedings for partition were held have been destroyed by fire;

a certified transcript of the judgment of partition and any record of the judgment in the recorder’s office of the county in which the real estate is situated is admissible in evidence, without the residue of the record of the proceedings. The certified transcript and any record of the judgment are prima facie evidence of the sufficiency and regularity of all the proceedings, records, and papers in the case in which the judgment was rendered.

[Pre-1998 Recodification Citation: 34-3-11-2.]

As added by P.L.1-1998, SEC.37.